Moshenek v. State

BOEHM, Justice.

We hold that a trial court’s ruling on a petition for permission to seek relief under Post-Conviction Rule 2 should be affirmed unless it was based on an error of law or a clearly erroneous factual determination. Moreover, if the trial court did not advise a defendant of the right to appeal the sentence in an “open plea,” that may well suffice to meet the lack of fault requirement under Posh-Conviction Rule 2 depending on other evidence, but the defendant must make some additional showing to establish diligence.

Factual and Procedural Background

On August 28, 1988, twenty-one…